JUDGMENT

Rajendra Babu, J.-Respondents Nos. 1 and 2 entered into an oral agreement with respondent No. 4 to sell property comprising building no. 1 along with open area surrounding Cool Road, Jalandhar measuring about 3 kanals and 17.75 marlas. Pursuant to this agreement a document was written on April 12, 1978 setting out that respondents Nos. 1 and 2 would together purchase one half of the property, while respondent No. 3 would purchase the other half. A sum of Rs. 80,000/- was paid on February 23, 1978 as earnest money and Rs. 40,000/- was paid on April 12, 1978. Respondent No. 3 entered into the possession thereof on that day. A suit was originally filed by respondents Nos. 1 and 2 against respondent No. 4 and appellants No. 5 was impleaded subsequently. The suit filed was for specific performance to execute the sale deed in favour of the plaintiffs and to receive the balance amount of Rs. 80,000/- before the Sub-Registrar, Jalandhar at the time of Registration of the sale deed. In the alternative reliefs claimed for are for the return of the earnest money paid with stipulated damages and the cost incurred for the repairs of the building. The trial Court on August 4, 1984 decre